March 1997

Anticompetitive practices

The Belgian Competition Council rules that a resale price maintenance system in the petfoods sector constitutes a prohibited anti-competitive practice (Laroy-Duvo)
Johnson & Johnson (Brussels)
Description of the impugned case Laroy-Duvo imports petfoods from the USA and distributes these products in Belgium. It imposed fixed retail prices on its distributors. Its distributors were repeatedly and explicitly warned that if the retail prices are not respected, they will no longer be (...)

The UK Restrictive Practices Court holds that the Net Book Agreement between publishers under which the resale prices of books could be maintained by publishers is no longer in the public interest (Net Book Agreement)
Addleshaw Goddard (London)
Description of the impugned case Three orders of the Restrictive Practices Court in the 1960s declared that the Net Book Agreement under which the resale prices of books and certain related goods could be maintained by publishers were in the public interest. Following changes in the (...)

The German Federal Court of Justice holds that the CD-ROM version of a professional journal can legally be made subject of a vertical price fixing agreement (NJW auf CD-ROM)
Linklaters (Düsseldorf)
Description of the impugned case The BGH holds that the (at that time applicable) legal exemption of published products from the vertical price fixing prohibition is open for technical developments and includes new products, if and insofar as they are substitutable by traditional press or (...)

State Aid

The French Administrative Supreme Court refers to the EU Court of Justice for preliminary ruling a case on tax deduction that is limited to expenditure for research carried out in the State of taxation (Baxter)
University of Aix-Marseille
Three pharmaceuticals companies engaged an action for the annulment of a State ordinance which established emergency measures aiming at the re-establishment of the balance of social security consisting in exceptional contributions to be paid by pharmaceuticals companies. One of these (...)

The French Supreme Administrative Court considers that a copyright levy is not a State aid (Techni Import Professionnel / Syndicat des Industriels des Matériels Audiovisuels Electroniques)
Schmitt Avocats (Paris)
Since its inception, the principle of a copyright levy sitting on magnetic and numerical audio-visual supports into which copy works can be protected by copyright has confronted unions of performers, producers, copyrights owners and unions of manufacturers of these supports. One of the (...)

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